South African Human Rights Commission v Masuku
South African legal case / From Wikipedia, the free encyclopedia
South African Human Rights Commission obo South African Jewish Board of Deputies v Masuku and Another is a 2022 decision of the Constitutional Court of South Africa on the statutory definition of hate speech. The court held that criticism of Israel and anti-Zionism may amount to anti-semitic hate speech but, in other contexts, may be distinguishable from the same. Its judgment, written by Justice Sisi Khampepe, was handed down unanimously on 28 June 2022.
South African Human Rights Commission v Masuku | |
---|---|
Court | Constitutional Court of South Africa |
Full case name | South African Human Rights Commission on behalf of South African Jewish Board of Deputies v Bongani Masuku and Another |
Decided | 16 February 2022 (2022-02-16) |
Docket nos. | CCT 14/19 |
Citation(s) | [2022] ZACC 5; 2022 (4) SA 1 (CC); 2022 (7) BCLR 850 (CC) |
Case history | |
Prior action(s) |
|
Court membership | |
Judges sitting | Mogoeng CJ, Froneman J, Jafta J, Khampepe J, Mhlantla J, Theron J, Mathopo AJ and Victor AJ |
Case opinions | |
Decision by | Khampepe J (unanimous) |
Keywords | |
The case arose from litigation brought by the South African Human Rights Commission in the Equality Court, which had found Bongani Masuku of the Congress of South African Trade Unions guilty of hate speech against Jewish people. Masuku's statements, made in 2009 in the context of the Gaza War, had ostensibly been directed at supporters of Israeli occupation of Palestine. On appeal, the Constitutional Court found that only one of the four impugned statements amounted to hate speech under the Promotion of Equality and Prevention of Unfair Discrimination Act, 2000.
Adding to public interest in the case was the fact that it was heard by Chief Justice Mogoeng Mogoeng, despite an application for his recusal. While the Constitutional Court's judgment was pending, Mogoeng made controversial extra-curial remarks in support of the State of Israel, leading to a complaint and sanction against him at the Judicial Service Commission.